The Constitutional Court on Tuesday heard oral arguments in the case of a woman suing the government for discrimination after being disqualified from serving as a firefighter because she was deemed too short.
In 2018, the plaintiff, surnamed Chen (陳), passed the class 4 firefighter and police certification test, but failed the physical examination as, at 158.9cm, she was 1.1cm short of the height requirement.
The Civil Service Protection and Training Commission a year later rejected her application to be a firefighter, citing the height requirement stipulated in the regulations governing qualifications for police officers and firefighters.
Photo: Screen grab from a Constitutional Court’s video
Chen’s lawyer told the court that the height requirement is discriminatory and that barring Chen from becoming a firefighter is an infringement of her right to work in government.
The requirements that non-
indigenous female police and firefighter applicants must be at least 160cm tall has no rational basis, her lawyer said, adding that setting separate certification standards for genders and ethnicities is discriminatory.
The height requirement for men to join the service is less stringent than for women, as more than 90 percent of 18-year-old Taiwanese men meet the 165cm requirement, but only 45 percent of 18-year-old Taiwanese women meet the 160cm requirement, the lawyer said.
Setting height requirements according to gender and ethnicity is a form of discrimination based on intrinsic and unalterable traits, which is not constitutionally justifiable, the lawyer said.
In addition, the regulation states that physical examinations are to be conducted “when necessary,” which is vague legal language that contravenes the doctrine against ambiguity in law, they said.
Lawyers representing the Ministry of Examination and the Ministry of the Interior said that the rules on height requirements are to help ensure that firefighters and police officers are strong enough to perform their functions, which is legally justifiable.
The opportunity to work in public service is rightfully limited to people possessing appropriate competencies and qualifications, they said.
Establishing standards for a type of service is typically the executive branch’s prerogative, which cannot be challenged without cause, the lawyers said.
Height standards differ according to gender due to fieldwork requirements, they said, adding that the height requirement for indigenous people, who are shorter than the average Taiwanese, is lower to ensure equal opportunities.
The recruiting agency’s order for Chen to undergo additional physical examinations to ensure she met the physical standards is a proper exercise of discretion and demonstration of what necessity meant in the rules, they said.
Removing the height requirement would compromise public safety and could place the lives of first responders at a higher risk, National Fire Agency Director-General Hsiao Huan-chang (蕭煥章) told the court.
Judicial Yuan President Hsu Tzong-li (宗力諭) said the court would deliver its judgement no later than five months after the hearing in accordance with the law.
LOW RISK: Most nations do not extradite people accused of political crimes, and the UN says extradition can only happen if the act is a crime in both countries, an official said China yesterday issued wanted notices for two Taiwanese influencers, accusing them of committing “separatist acts” by criticizing Beijing, amid broadening concerns over China’s state-directed transnational repression. The Quanzhou Public Security Bureau in a notice posted online said police are offering a reward of up to 25,000 yuan (US$3,523) for information that could contribute to the investigation or apprehension of pro-Taiwanese independence YouTuber Wen Tzu-yu (溫子渝),who is known as Pa Chiung (八炯) online, and rapper Chen Po-yuan (陳柏源). Wen and Chen are suspected of spreading content that supported secession from China, slandered Chinese policies that benefit Taiwanese and discrimination against Chinese spouses of
ALIGNED THINKING: Taiwan and Japan have a mutual interest in trade, culture and engineering, and can work together for stability, Cho Jung-tai said Taiwan and Japan are two like-minded countries willing to work together to form a “safety barrier” in the Indo-Pacific region, Premier Cho Jung-tai (卓榮泰) yesterday said at the opening ceremony of the 35th Taiwan-Japan Modern Engineering and Technology Symposium in Taipei. Taiwan and Japan are close geographically and closer emotionally, he added. Citing the overflowing of a barrier lake in the Mataian River (馬太鞍溪) in September, Cho said the submersible water level sensors given by Japan during the disaster helped Taiwan monitor the lake’s water levels more accurately. Japan also provided a lot of vaccines early in the outbreak of the COVID-19 pandemic,
PROMOTION: Travelers who want a free stopover must book their flights with designated travel agents, such as Lion Travel, Holiday Tours, Cola Tour and Life Tours Air Canada yesterday said it is offering Taiwanese travelers who are headed to North America free stopovers if they transit though airports in Japan and South Korea. The promotion was launched in response to a potential rise in demand for flights to North America in June and July next year, when the US, Canada and Mexico are scheduled to jointly host the FIFA World Cup, Air Canada said. Air Canada offers services to 13 of the 16 host cities of the tournament’s soccer games, including Toronto and Vancouver; Mexico City, Guadalajara and Monterrey in Mexico; Atlanta, Georgia; Boston; Dallas; Houston;
The US approved the possible sale to Taiwan of fighter jet spare and repair parts for US$330 million, the Pentagon said late yesterday, marking the first such potential transaction since US President Donald Trump took office in January. "The proposed sale will improve the recipient's capability to meet current and future threats by maintaining the operational readiness of the recipient's fleet of F-16, C-130," and other aircraft, the Pentagon said in a statement. Trump previously said that Chinese President Xi Jinping (習近平) has told him he would not invade Taiwan while the Republican leader is in office. The announcement of the possible arms
RSS